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Bombay High CourtCA/9741/2016admittedallowedgrantedrule absolute

Pandit Tatyarao Avchar v. The Executive Engineer, Nimna Dudhana Project Division, Selu And Others

2016-07-22Hon'Ble Shri Justice P.R. Bora2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) CA NO.9734/2016gr 957 CIVIL APPLICATION NO. 9734 OF 2016 IN FA/2253/2016 WITH CA/9735/2016 IN FA/2254/2016 WITH CA/9736/2016 IN FA/2250/2016 WITH CA/9737/2016 IN FA/2251/2016 WITH CA/9738/2016 IN FA/2249/2016 WITH CA/9739/2016 IN FA/2256/2016 WITH CA/9740/2016 IN FA/2255/2016 WITH CA/9741/2016 IN FA/2257/2016 WITH CA/9742/2016 IN FA/2247/2016 WITH CA/9743/2016 IN FA/2248/2016 WITH CA/9744/2016 IN FA/2252/2016 WITH CA/9745/2016 IN FA/2258/2016 BHASKAR TATYARAO AVCHAR

VERSUS

THE EXECUTIVE ENGINEER, NIMNA DUDHANA PROJECT DIVISION, SELU AND OTHERS ...

Advocate for Applicant :Mr. Sachin S. Randive AGP for Respondent State: Mr.A.M.Phule Mr.R.C. Patil, Adv., for R/1.

...

CORAM : P.R. BORA, J.

Dated: July 22, 2016 ...

AGP/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) CA NO.9734/2016gr PER COURT :- 1.

Heard learned Counsel for the applicant and the learned Counsel appearing for the acquiring body. 2.

Considering the contentions raised in the application for withdrawal of amount and the objections raised by the acquiring body in the memo of appeal, in exception to the award passed, I deem it appropriate to pass following order:

ORDER

1) The applicants in respective applications are permitted to withdraw 75 per cent of the amount deposited by the acquiring body in this Court on submitting an undertaking that in the event any adverse order is passed against them in the appeals, they will redeposit the amount. 2) Balance 25 per cent amount be invested in a Fixed Deposit Receipts in any nationalized Bank, initially for a period of three years and to be renewed if so required, till disposal of the appeals.

Applications are partly allowed and disposed of. ( P.R. BORA, J. ) ...

AGP/-